1. CALL TO ORDER 2. INVOCATION AND PLEDGE OF ALLEGIANCE 3. ROLL CALL AND CERTIFICATION OF A QUORUM
Presentation of the financial report for the month ending August 31, 2018. Ernest Bannister, CPA, Controller
Presentation of the General Obligation (GO) Bond dashboard report for the month ending August 31, 2018. Ernie Bannister, CPA, Controller, Kenneth Lee, Project Manager
All consent agenda items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the Consent Agenda and voted on separately. A. Consider and/or act to approve the September 4, 2018, Work Session and Regular Council meeting minutes. Susie Quinn, City Secretary B. Consider and/or act to approve the September 11, 2018, Special Council meeting minutes. Susie Quinn, City Secretary C. Consider and/or act to approve Resolution Number 18-R-894 reappointing Natalie Brooks Banuelos as Municipal Judge of the Murphy Municipal Court for a two year term, approving the contract for Judicial Services of the Municipal Court Judge for two years. Susie Quinn, TRMC, City Secretary D. Consider and/or act to approve the City Secretary on behalf of City Council to advertise in the local newspaper for applicants to fill expiring terms for various Board and Commission places for terms to begin on January 1, 2019. Susie Quinn, TRMC, City Secretary E. Consider and/or act to cancel the second meeting in December 2018, and postponing the January 1, 2019, meeting to January 8, 2019. Susie Quinn, TRMC, City Secretary
Consider and/or act upon approval of Ordinance Number 18-09-1098 approving the assessment roll as certified by the Collin Central Appraisal District and making appropriations for the City of Murphy, Texas, and the Murphy Municipal Development District and Murphy Community Development Corporation for the Fiscal Year beginning October 1, 2018, and ending September 30, 2019; appropriating money to a sinking fund to pay interest and principal on the City’s indebtedness; and adopting the annual budget for the 2018-2019 Fiscal Year (FY19). Mike Castro, PhD, City Manager
Consider and/or act upon the approval of Ordinance Number 18-09-1100 amending Appendix A, the Fee Schedule of the Code of Ordinances, by amending various sections of the following Articles: A1.100, Miscellaneous Fees; A3.000, Parks and Recreation Fees; A4.000, Animal Control Fees; A5.000, Business Related Fees; A7.000 Fire and Safety Permits and Inspections; A8.000, Utility Rates and Charges; and A9.000, Building, Construction and Development Related fees; and declaring an effective date of October 1, 2018. Karen L. Montgomery, CPA, Finance Director
Consider and/or act upon approval of Ordinance 18-09-1101 approving a negotiated settlement between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex Division regarding the company’s 2018 rate review mechanism filings; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; finding the rates to be set by the attached settlement tariffs to be just and reasonable and in the public interest; approving an attached exhibit establishing a benchmark for pensions and retiree medical benefits; approving an attached exhibit regarding amortization of regulatory liability; requiring the company to reimburse ACSC’S reasonable ratemaking expenses; determining that this resolution was passed in accordance with the requirements of the Texas Open Meetings Act; adopting a savings clause; declaring an effective date; and requiring delivery of this resolution to the company and the ACSC’S legal counsel. Ernie Bannister, CPA, Controller
Consider and/or act upon declaring the attached list of equipment as surplus items in order to be auctioned or donated/scrapped in the event no bids are received at auction. Ernie Bannister, CPA, Controller
Consider and/or act on the application of DHR Engineering requesting approval of a site plan, landscape plan, building elevations and construction plat for Shops at Murphy for property having the legal description of 0.8216 acres in Tract 11, Abstract 0403 in the Issac Herring Survey. Jared Mayfield, AICP, Director of Community & Economic Development
Consider and/or act on the application of Nima Homes, Inc. for waivers to Section 28.03.001 and Section 28.03.006 of the Murphy Code of Ordinances to allow the subdivision of property without the required public improvements for property located at the northwest corner of Bunny Run and S. Maxwell Creek Road, having the legal description of 2.3 acres in Tract 123, Abstract 0579, Henry Maxwell Survey. Jared Mayfield, AICP, Director of Community & Economic Development
Consider and/or act on the application of First Crescent Enterprises, LLC for approval of a construction plat and landscape plans for Oasis Springs Manors Phase 2 located at 11 and 15 Maxwell Lane, having the legal description of 5.013 acres, Tracts 19 & 25, Abstract A0588 in the C.A. McMillen Survey. Jared Mayfield, AICP, Director of Community & Economic Development
Consider and/or act upon approval of Resolution Number 18-R-895 authorizing the City Manager to execute a purchase order and scope of work with General Datatech for the purchase of Cisco Meraki network switches, wireless access points, and professional installation services in the amount of $337,537.26 through the Texas DIR Purchasing Program Contract DIR-TSO-4167. Taylor Prentice, IT Director
Consider and/or act on the approval of Ordinance Number 18-09-1102, adopting the 2015 International Building Code, 2015 International Residential Code, 2015 International Mechanical Code, 2015 International Plumbing Code, 2015 International Fuel Gas Code, 2015 International Energy Conservation Code, 2015 International Existing Building Code, 2015 International Property Maintenance Code, 2017 National Electrical Code, and the City of Murphy Irrigation Code, and other matters related thereto. John Shannon, Building Official
Consider and/or act on the approval of Ordinance Number 18-09-1103 amending Chapter 8, Article 8.02, to adopt the 2015 International Fire Code, including Appendices B, E and F; and local amendments thereto. Perry Elliott, Fire Marshal
Consider and/or act on the submission of an Official Ballot for the Texas Municipal League Intergovernmental Risk Pool Board of Trustees Election. Mike Castro, PhD, City Manager
Consider and/or act upon approval of Ordinance Number 18-09-1098 approving the assessment roll as certified by the Collin Central Appraisal District and making appropriations for the City of Murphy, Texas, and the Murphy Municipal Development District and Murphy Community Development Corporation for the Fiscal Year beginning October 1, 2018, and ending September 30, 2019; appropriating money to a sinking fund to pay interest and principal on the City’s indebtedness; and adopting the annual budget for the 2018-2019 Fiscal Year (FY19). Mike Castro, PhD, City Manager
Consider and/or act upon approval of Ordinance Number 18-09-1099 levying taxes and fixing and adopting the tax rate on all taxable property for the tax year 2018 at the rate of $0.505093 per one hundred dollars ($100) of assessed value as of January 1, 2018; the said tax rate having a maintenance and operations component and a debt service component; providing when taxes shall become due and when same shall become delinquent if not paid; providing for repealing, savings and severability clauses; and providing for an effective date. Mike Castro, PhD, City Manager
Consider and/or act upon ratifying the property tax revenue increase reflected in the 2018-2019 (FY19) fiscal year budget. Mike Castro, PhD, City Manager
9. EXECUTIVE SESSION In accordance with Texas Government Code, Chapter 551, Subchapter D, the City Council will now recess into Executive Session (closed meeting) to discuss the following: A. §551.071: Consultation with City Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act re: South Maxwell Creek Parallel Trunk Sewer Project and Bond Claims. B. §551.071: Consultation with City Attorney regarding pending or contemplated litigation: City of Murphy v. P.C. Contractors, LLC and Philadelphia Indemnity Insurance Company, Cause No. 401-04211-2018, Collin County District Court. C. §551.087 (1)(2) Deliberation Regarding Economic Development Negotiations; (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). 10. RECONVENE INTO REGULAR SESSION The City Council will reconvene into Regular Session, pursuant to the provisions of Chapter 551, Subchapter D, Texas Government Code, to take any action necessary regarding: A. §551.071: Consultation with City Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act re: South Maxwell Creek Parallel Trunk Sewer Project and Bond Claims. B. §551.071: Consultation with City Attorney regarding pending or contemplated litigation: City of Murphy v. P.C. Contractors, LLC and Philadelphia Indemnity Insurance Company, Cause No. 401-04211-2018, Collin County District Court. C. §551.087 (1)(2) Deliberation Regarding Economic Development Negotiations; (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). 11. ADJOURNMENT
1. CALL TO ORDER 2. INVOCATION AND PLEDGE OF ALLEGIANCE 3. ROLL CALL AND CERTIFICATION OF A QUORUM
Presentation of the financial report for the month ending August 31, 2018. Ernest Bannister, CPA, Controller
Presentation of the General Obligation (GO) Bond dashboard report for the month ending August 31, 2018. Ernie Bannister, CPA, Controller, Kenneth Lee, Project Manager
All consent agenda items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the Consent Agenda and voted on separately. A. Consider and/or act to approve the September 4, 2018, Work Session and Regular Council meeting minutes. Susie Quinn, City Secretary B. Consider and/or act to approve the September 11, 2018, Special Council meeting minutes. Susie Quinn, City Secretary C. Consider and/or act to approve Resolution Number 18-R-894 reappointing Natalie Brooks Banuelos as Municipal Judge of the Murphy Municipal Court for a two year term, approving the contract for Judicial Services of the Municipal Court Judge for two years. Susie Quinn, TRMC, City Secretary D. Consider and/or act to approve the City Secretary on behalf of City Council to advertise in the local newspaper for applicants to fill expiring terms for various Board and Commission places for terms to begin on January 1, 2019. Susie Quinn, TRMC, City Secretary E. Consider and/or act to cancel the second meeting in December 2018, and postponing the January 1, 2019, meeting to January 8, 2019. Susie Quinn, TRMC, City Secretary
Consider and/or act upon approval of Ordinance Number 18-09-1098 approving the assessment roll as certified by the Collin Central Appraisal District and making appropriations for the City of Murphy, Texas, and the Murphy Municipal Development District and Murphy Community Development Corporation for the Fiscal Year beginning October 1, 2018, and ending September 30, 2019; appropriating money to a sinking fund to pay interest and principal on the City’s indebtedness; and adopting the annual budget for the 2018-2019 Fiscal Year (FY19). Mike Castro, PhD, City Manager
Consider and/or act upon the approval of Ordinance Number 18-09-1100 amending Appendix A, the Fee Schedule of the Code of Ordinances, by amending various sections of the following Articles: A1.100, Miscellaneous Fees; A3.000, Parks and Recreation Fees; A4.000, Animal Control Fees; A5.000, Business Related Fees; A7.000 Fire and Safety Permits and Inspections; A8.000, Utility Rates and Charges; and A9.000, Building, Construction and Development Related fees; and declaring an effective date of October 1, 2018. Karen L. Montgomery, CPA, Finance Director
Consider and/or act upon approval of Ordinance 18-09-1101 approving a negotiated settlement between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex Division regarding the company’s 2018 rate review mechanism filings; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; finding the rates to be set by the attached settlement tariffs to be just and reasonable and in the public interest; approving an attached exhibit establishing a benchmark for pensions and retiree medical benefits; approving an attached exhibit regarding amortization of regulatory liability; requiring the company to reimburse ACSC’S reasonable ratemaking expenses; determining that this resolution was passed in accordance with the requirements of the Texas Open Meetings Act; adopting a savings clause; declaring an effective date; and requiring delivery of this resolution to the company and the ACSC’S legal counsel. Ernie Bannister, CPA, Controller
Consider and/or act upon declaring the attached list of equipment as surplus items in order to be auctioned or donated/scrapped in the event no bids are received at auction. Ernie Bannister, CPA, Controller
Consider and/or act on the application of DHR Engineering requesting approval of a site plan, landscape plan, building elevations and construction plat for Shops at Murphy for property having the legal description of 0.8216 acres in Tract 11, Abstract 0403 in the Issac Herring Survey. Jared Mayfield, AICP, Director of Community & Economic Development
Consider and/or act on the application of Nima Homes, Inc. for waivers to Section 28.03.001 and Section 28.03.006 of the Murphy Code of Ordinances to allow the subdivision of property without the required public improvements for property located at the northwest corner of Bunny Run and S. Maxwell Creek Road, having the legal description of 2.3 acres in Tract 123, Abstract 0579, Henry Maxwell Survey. Jared Mayfield, AICP, Director of Community & Economic Development
Consider and/or act on the application of First Crescent Enterprises, LLC for approval of a construction plat and landscape plans for Oasis Springs Manors Phase 2 located at 11 and 15 Maxwell Lane, having the legal description of 5.013 acres, Tracts 19 & 25, Abstract A0588 in the C.A. McMillen Survey. Jared Mayfield, AICP, Director of Community & Economic Development
Consider and/or act upon approval of Resolution Number 18-R-895 authorizing the City Manager to execute a purchase order and scope of work with General Datatech for the purchase of Cisco Meraki network switches, wireless access points, and professional installation services in the amount of $337,537.26 through the Texas DIR Purchasing Program Contract DIR-TSO-4167. Taylor Prentice, IT Director
Consider and/or act on the approval of Ordinance Number 18-09-1102, adopting the 2015 International Building Code, 2015 International Residential Code, 2015 International Mechanical Code, 2015 International Plumbing Code, 2015 International Fuel Gas Code, 2015 International Energy Conservation Code, 2015 International Existing Building Code, 2015 International Property Maintenance Code, 2017 National Electrical Code, and the City of Murphy Irrigation Code, and other matters related thereto. John Shannon, Building Official
Consider and/or act on the approval of Ordinance Number 18-09-1103 amending Chapter 8, Article 8.02, to adopt the 2015 International Fire Code, including Appendices B, E and F; and local amendments thereto. Perry Elliott, Fire Marshal
Consider and/or act on the submission of an Official Ballot for the Texas Municipal League Intergovernmental Risk Pool Board of Trustees Election. Mike Castro, PhD, City Manager
Consider and/or act upon approval of Ordinance Number 18-09-1098 approving the assessment roll as certified by the Collin Central Appraisal District and making appropriations for the City of Murphy, Texas, and the Murphy Municipal Development District and Murphy Community Development Corporation for the Fiscal Year beginning October 1, 2018, and ending September 30, 2019; appropriating money to a sinking fund to pay interest and principal on the City’s indebtedness; and adopting the annual budget for the 2018-2019 Fiscal Year (FY19). Mike Castro, PhD, City Manager
Consider and/or act upon approval of Ordinance Number 18-09-1099 levying taxes and fixing and adopting the tax rate on all taxable property for the tax year 2018 at the rate of $0.505093 per one hundred dollars ($100) of assessed value as of January 1, 2018; the said tax rate having a maintenance and operations component and a debt service component; providing when taxes shall become due and when same shall become delinquent if not paid; providing for repealing, savings and severability clauses; and providing for an effective date. Mike Castro, PhD, City Manager
Consider and/or act upon ratifying the property tax revenue increase reflected in the 2018-2019 (FY19) fiscal year budget. Mike Castro, PhD, City Manager
9. EXECUTIVE SESSION In accordance with Texas Government Code, Chapter 551, Subchapter D, the City Council will now recess into Executive Session (closed meeting) to discuss the following: A. §551.071: Consultation with City Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act re: South Maxwell Creek Parallel Trunk Sewer Project and Bond Claims. B. §551.071: Consultation with City Attorney regarding pending or contemplated litigation: City of Murphy v. P.C. Contractors, LLC and Philadelphia Indemnity Insurance Company, Cause No. 401-04211-2018, Collin County District Court. C. §551.087 (1)(2) Deliberation Regarding Economic Development Negotiations; (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). 10. RECONVENE INTO REGULAR SESSION The City Council will reconvene into Regular Session, pursuant to the provisions of Chapter 551, Subchapter D, Texas Government Code, to take any action necessary regarding: A. §551.071: Consultation with City Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act re: South Maxwell Creek Parallel Trunk Sewer Project and Bond Claims. B. §551.071: Consultation with City Attorney regarding pending or contemplated litigation: City of Murphy v. P.C. Contractors, LLC and Philadelphia Indemnity Insurance Company, Cause No. 401-04211-2018, Collin County District Court. C. §551.087 (1)(2) Deliberation Regarding Economic Development Negotiations; (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). 11. ADJOURNMENT